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HomeMy Public PortalAbout23-25 Green - DecisionTOWN OF WATERTOWN Zoning Board of Appeals Administration Building 149 Main Street WATERTOWN, MASSACHUSETTS 02472 Melissa M. Santucci Rozzi, Chairperson Telephone (617) 972-6427 David Ferris, Clerk Facsimile (617) 926-7778 Christopher H. Heep, Member www.watertown-ma.gov John G. Gannon, Member Louise Civetti, Clerk to the ZBA Kelly Donato, Member Neeraj Chander, Alternate Zoning Board of Appeals Decision On April 22, 2015, with four (4) members of the Zoning Board of Appeals present, case # ZBA-2015-12 SPF, a Special Permit Finding, was heard. The following is the decision of this board. Case #: ZBA-2015-12 SPF Subject Property: 23-25 Green Street Parcel ID#: 207 13 5B Zoning District: T (Two Family) Zoning District Owner/Petitioner: Kamer Minassian, Architect (Petitioner) Mark McCarthy, Owner Zoning Relief Sought: Special Permit Finding §4.06; Alteration of a Non- Conforming Buildings/Structures; Side Yard Setbacks Special Permit Granting Authority: Zoning Board of Appeals Staff Recommendation: Conditional Approval Planning Board Recommendation: Conditional Approval, April 8, 2015 Zoning Board of Appeals Decision: Recorded with Town Clerk: Conditional Approval, April 22, 2015 May 6, 2015 23-25 Green Street May 6, 2015 ZBA-2015-12 SPF Zoning Board of Appeals Decision Page 2 of 6 I. Public Notice (M.G.L. c. 40A, §11) A. Procedural Summary Petition ZBA-2015-12 SPF was before Zoning Board of Appeals on April 22, 2015. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was given as follows: • Published in the newspaper of record (Watertown Tab) on April 3, and 10, 2015; • Posted at the Town Administration Building on March 25, 2015; and, • Mailed to Parties in Interest on March 25, 2015. B. Legal Notice “Kamer Minassian, Architect for owner, Mark McCarthy, 25 Green Street, Watertown, MA 02472 herein requests the Zoning Board of Appeals grant a Special Permit Finding in accordance with Watertown Zoning Ordinance, §4.06, Alterations to Existing Non-Conforming Structures, Side Yard Setback, so as to increase the height of the existing structure for increased interior ceiling height and further construct a second story deck above existing first floor deck, maintaining the non-conforming westerly side yard setback where 10’ is required. This project will also remove an accessory apartment approved by the Board prior. T (Two-Family) Zoning District. ZBA-2015-12” II. Description A. Site Characteristics The subject property is a 6,926 square foot parcel on Green Street containing a two and a half story, two-family house, with an accessory third unit, built around 1850 (Assessor’s records) with a single driveway/parking area to the east for “stacked” parking. The lot appears to be non-conforming in its westerly Side Yard setback. The Petitioner’s Architect states the setback on this side is 7.5 feet, although the Planning Board and Department of Community Development & Planning (DCDP) staff could not verify this from the Mortgage Survey Plan provided. The required Side Yard setback per Section 5.04(e), Table of Dimensional Regulations, is 10 feet. B. Surrounding Land Use Located in the T (Two Family) Zoning District, the property abuts a mix of large single and two-family residences. C. Nature of the Request The Petitioner requests a Special Permit Finding from the Zoning Board of Appeals to increase the height of the existing structure for increased interior ceiling height and further construct a second story deck above existing first floor deck, maintaining the non-conforming westerly side yard setback , where 10 feet is required. This project will also remove an accessory apartment. This is shown on the Petitioner’s Floor Plans, particularly when you compare Existing First Floor Plan (L-1), to the Proposed First Floor Plan (L-5). The space attributed to the apartment will be merged into Unit #25. Sheet L-5 also provides a visual of how the existing outdoor decks will be modified. The first floor deck at the rear will be extended, providing Unit #25 with more deck space. Sheet L-6, the Proposed Second Floor Plan details how a second floor deck will be added to Unit #25 as well. The addition of the second floor deck and expansion of the first floor outdoor deck is also shown clearly on Sheet L-7, Proposed Rear Elevation. 23-25 Green Street May 6, 2015 ZBA-2015-12 SPF Zoning Board of Appeals Decision Page 3 of 6 D. Public Comments There were no public or written comments on this project. E. Relevant Permitting History According to DCDP, Zoning Board of Appeals, Assessor’s records, 23-25 Green Street has the following permitting history: • 1850: House constructed • 1993 (August): Special Permit granted to Maureen McCarthy for an existing accessory apartment on the 2nd floor with four (4) stacked parking spaces  Requested stacked parking for 5 cars but SP granted parking for only 4 cars • 1993 (November): Permit to cut in a 2nd floor egress, install fire escape for 2nd floor accessory apartment • 1994: Occupancy permit issued for 3 units • 2010: Ownership changes to Coleen Hand and Sean P. McCarthy as Trustees The Planning Board found none of the previous permits relevant to the current request for approval. III. Findings A. Comprehensive Plan Consistency This project provides an opportunity to improve and maintain an existing structure, consistent with the Town’s draft Comprehensive Plan language regarding preserving existing character of neighborhoods. B. Special Permit Finding §4.06(a) In accordance with Section 4.06(a), pre-existing non-conforming structures or buildings may be extended or altered provided that the Board makes the finding under §4.06(a) that “such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming use, structure or building to the neighborhood.” Met: The Board found that the interior reconstruction, raising the ceiling height (affecting primarily the southwest corner), removal of the accessory apartment, absorbed by Unit #25, would not be substantially more detrimental to the neighborhood than the existing condition. As shown on Drawing L-11, Proposed Vertical Cross Section, the top of the new roof peak will be slightly higher than the existing rear roofline. The Petitioner has also accounted for the change in Floor Area Ratio (FAR) created by adding the proposed Music Room and covering the first floor deck with the second floor deck. According to calculations provided on the project plans, the FAR will slightly increase (from 0.39 to 0.41) and will remain below the maximum FAR of 0.50. The Board notes the basement shown on Drawing L-11 and in one of the Site Photos appears to have a good portion of its area above ground, however, FAR does not include basements in the Two Family zoning district. Further, given the height of the basement shown on the various project plans, there is not enough protruding above ground to count as a “story.” IV. Recommendations DCDP staff recommend conditional approval of the proposed project. The Planning Board voted (4-0) for conditional approval of the Special Permit Finding under §4.06(a) as it meets the necessary criteria set forth in the Watertown Zoning Ordinance. 23-25 Green Street May 6, 2015 ZBA-2015-12 SPF Zoning Board of Appeals Decision Page 4 of 6 V. Zoning Board of Appeals The Board requested the siding and windows match the existing. The width of the deck is to be recessed 18-20” from the side and a second floor window is to be added to the right side elevation. VI. Conditions The table below lists the conditions of approval including timeframes for compliance: # Condition Timeframe for Compliance To be Verified by 1. Control Plans. The Control Plans shall be: 1. Mortgage Survey Plan, labeled 23-25 Green Street, Existing Condition, stamped and signed by David J. Hickey, Registered Professional Land Surveyor, stamped Received, March 17, 2015, Board of Appeals 2. Mortgage Survey Plan, labeled 23-25 Green Street, Proposed Condition, stamped and signed by David J. Hickey, Registered Professional Land Surveyor, stamped Received, March 17, 2015, Board of Appeals 3. Drawing L-0, Dimensional Regulation Analysis, dated 3/11/15 4. Drawing L-1, Existing Floor Plan, dated 3/11/15 5. Drawing L-2, Existing Second Floor Plan, dated 3/11/15 6. Drawing L-3, Existing Rear Elevation, dated 3/11/15 7. Drawing L-4, Existing Right Side Elevation, dated 3/11/15 8. Drawing L-5, Proposed First Floor Plan, dated 3/11/15 9. Drawing L-6, Proposed Second Floor Plan, dated 3/11/15 10. Drawing L-7, Proposed Rear Elevation, dated 3/11/15 11. Drawing L-8, Proposed Right Side Elevation, dated 3/11/15 12. Drawing L-9, Proposed Vertical Cross Section, dated 3/11/15 13. Drawing L-10, Proposed Vertical Cross Section, dated 3/11/15 14. Drawing L-11, Proposed Vertical Cross Section, dated 3/11/15 BP/ Perpetual ZEO/ISD 2. Plan Modifications. Neither the Petitioner nor any present or future owner of any interest in the project shall change or modify either the Control Plans referenced in this decision, or the project itself, without first filing a formal request with the DCDP for an opinion as to whether or not such change or modification requires further review from the Granting Authority. Minor modifications may be considered and approved by the DCDP Director if found to be consistent with the original project. CO ZEO/ISD 3. Recordation. Upon application for a Building Permit, the Petitioner shall provide evidence to the Zoning Enforcement Officer that this entire decision has been filed with the Registry of Deeds. BP ZEO 4. As-Built(s). The Petitioner shall submit a certified "As-Built" foundation plot plan showing all dimensional setbacks at the time of foundation inspection. BP ZEO/ISD 5. Codes/Regulations Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/ISD 23-25 Green Street May 6, 2015 ZBA-2015-12 SPF Zoning Board of Appeals Decision Page 5 of 6 # Condition Timeframe for Compliance To be Verified by 6. Certificate of Occupancy/Final Inspection. A copy of the Building Permit with final approval signatures from all relevant inspectors must be submitted to the Zoning Enforcement Officer upon completion of the project. CO ZEO 7. Permit Expiration. In accordance with WZO §9.13, a Special Permit granted under §9.04 shall lapse one year from the date of grant thereof if substantial use thereof has not sooner commenced except for good cause, or, in the case of a permit for construction, if the construction has not begun by such date except for good cause, or as allowed by applicable State or Federal law. Perpetual ZEO 8. New Construction: Conform to Control Plan The new construction authorized by the permit shall be consistent with the Mortgage Survey Plan/Proposed Condition plan submitted by the Petitioner, listed as Control Plan #2. BP ZEO/ISD 9. Accessory Apartment. Any and all approvals for accessory apartments granted to the site by Special Permit are null and void as a result implementing this permit. Perpetual ZEO/ISD 10. 2nd Floor Deck. The second floor deck is to be recessed 18-20” from the side to bring it further away from the abutting neighbor. BP ZEO/ISD 11. New Window. Add an additional second floor window to the right side elevation BP ZEO/ISD By the Zoning Board of Appeals: Melissa M. Santucci Rozzi, Chair David Ferris, Clerk Christopher H. Heep, Member John G. Gannon, Member Kelly Donato, Member Neeraj Chander, Alternate Attest, by the Clerk to the Zoning Board of Appeals: _____________________________ Louise A. Civetti **************************************************************************** THE COMMONWEALTH OF MASSACHUSETTS Certificate of Granting Massachusetts General Laws Chapter 40A, Section 11 The Zoning Board of Appeals calls to the attention of the owner or petitioner of the above referenced decision, that MGL c. 40A, sec. 11 (last paragraph) provides that no Variance, Special Permit, Special Permit Finding or any Extension, Modification or Renewal thereof, shall take effect until a copy of this decision bearing the Certification of the Town Clerk that twenty days have elapsed since the filing of said decision and no appeal has been filed or that if such 23-25 Green Street May 6, 2015 ZBA-2015-12 SPF Zoning Board of Appeals Decision Page 6 of 6 appeal has been filed that it has been dismissed or denied, is recorded in the Registry of Deeds for the County and District in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner’s certificate of title. Twenty days have elapsed since the filing of said decision and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied: Attest, by the Town Clerk: ___________________________ Date: _____________ Received and entered with the Register of Deeds in the County of Southern Middlesex. Attest, Register of Deeds: ________________________ Book_________ Page________ This Decision to be recorded by the Land Owner. The owner or petitioner shall pay the fee for such recording or registering.